When used in this article, the following words and phrases shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
All-terrain vehicle.
Has the description and definition provided by the Texas
Transportation Code section 551A.001(1). A motor vehicle that is:
(1)
Equipped with a seat or seats for the use of:
(B)
A passenger, if the motor vehicle is designed by the manufacturer
to transport a passenger;
(2)
Designed to propel itself with three or more tires in contact
with the ground;
(3)
Designed by the manufacturer for off-highway use;
(4)
Not designed by the manufacturer primarily for farming or lawn
care; and
(5)
Not more than 50 inches wide.
Driver.
The person driving and having physical control over a utility
vehicles (UTV) and recreational off-highway vehicles (ROHV).
Driver’s license.
An authorization issued by a state for the operation of a
motor vehicle.
Owner.
The person holding title to the utility vehicles (UTV) and
recreational off-highway vehicles (ROHV).
Package delivery vehicle.
A vehicle described in Texas Transportation Code section
551.452(a) to which is affixed a license plate issued by the Texas
Department of Motor Vehicles that includes the words “package
delivery.”
Parking area.
Those areas accessible to the public by motor vehicular traffic
and which are designated for temporary parking of motor vehicles,
usually in places referred to as parking lots.
Permit.
A certificate/decal of authorization issued to the applicant/owner
by the city’s police department authorizing the operation of
the utility vehicles (UTV) and recreational off-highway vehicles (ROHV)
for which the permit was issued. The decal will display the month
and year of expiration.
Permit holder.
The person to whom a utility vehicles (UTV) and recreational
off-highway vehicles (ROHV) permit has been issued.
Public safety personnel.
Any employee or officer of a governmental law enforcement
agency or the city’s fire department, or people serving as volunteers
with the city’s police department auxiliary.
Public street.
A publicly owned or dedicated road, street, drive, alley
or other right-of-way for the use of vehicles within the city’s
corporate boundaries.
Public way or public property.
Real property owned, leased or controlled by a political
subdivision of the state, a governmental entity or agency, or similar
entity, or any property that is publicly owned or maintained or dedicated
to public use, including but not limited to a path, trail, sidewalk,
alley, street or highway, and a public park facility.
Recreational off-highway vehicle.
Has the description and definition provided by the Texas
Transportation Code section 551A.001(5). A motor vehicle that is:
(1)
Equipped with a seat or seats for the use of:
(B)
A passenger or passengers, if the vehicle is designed by the
manufacturer to transport a passenger or passengers;
(2)
Designed to propel itself with four or more tires in contact
with the ground;
(3)
Designed by the manufacturer for off-highway use by the operator
only; and
(4)
Not designed by the manufacturer primarily for farming or lawn
care.
Sidewalk.
The portion of a street that is between a curb or lateral
line of a roadway and the adjacent property line and intended for
pedestrian use.
Slow-moving vehicle emblem.
A triangular emblem that conforms to standards and specifications
adopted by the director of the Texas Department of Transportation
under section 547.104 of the Texas Transportation Code and is displayed
in accordance with section 547.703 of the Texas Transportation Code.
Utility vehicle.
Has the description and definition provided by the Texas
Transportation Code section 551A.001(6). A motor vehicle that is not
a golf cart, as defined by section 551.401, or lawn mower and is:
(1)
Equipped with side-by-side seating for the use of the operator
and a passenger;
(2)
Designed to propel itself with at least four tires in contact
with the ground;
(3)
Designed by the manufacturer for off-highway use only; and
(4)
Designed by the manufacturer primarily for utility work and
not for recreational purposes.
(Ordinance O-2021-0914-E adopted 9/17/21)
(a) All-terrain vehicles.
The operation of all-terrain vehicles
on city streets or roadways is prohibited within the city. The definition
of all-terrain vehicle is as described above.
(b) Utility vehicles (UTV) and recreational off-highway vehicles (ROHV).
No person, other than public safety personnel or city maintenance
staff may operate a UTV or ROHV on a public street and/or public parking
area unless the person first obtains a permit in accordance with this
article and complies with the following:
(1) The maximum speed limit on the public street on which the ROHV is
operated is thirty (30) miles per hour or less;
(2) The person has been issued and possesses a valid driver’s license;
(3) The person maintains current financial responsibility relating to
operation of the UTV or ROHV as required for the operation of passenger
vehicles in accordance with section 601.051 of the Texas Transportation
Code or other liability insurance relating to operation of a UTV or
ROHV that provides substantially the same coverage and with limits
not less than those required by section 601.051 of the Texas Transportation
Code;
(4) The person complies with all applicable federal, state and local
laws and ordinances applicable to the operating and equipping a UTV
or ROHV;
(5) UTV or ROHV must have the following which must continuously remain
in good working and operational order prior to operation on a public
roadway:
(C) Side reflectors (two (2) front, amber in color and two (2) rear,
red in color);
(E) Rearview mirror(s) capable of a clear, unobstructed view of at least
two hundred feet (200') to the rear;
(F) Slow-moving vehicle emblem located on the rear of the vehicle;
(G) Appropriate and approved exhaust emissions system (mufflers) based
on manufacturers requirements;
(6) The UTV or ROHV is being operated on a public street only during
daylight hours; being 30 minutes after day break and 30 minutes prior
to sunset;
(7) While the UTV or ROHV is in motion, the driver and every passenger
is seated, with a seat belt dedicated and designed to hold passengers
(if applicable). No person may stand or ride in the lap of the driver
and/or another passenger of a UTV or ROHV while it is being operated
on a public street.
(Ordinance O-2021-0914-E adopted 9/17/21)
(a) Except for public safety personnel or as provided by other ordinances,
no person shall operate a UTV or ROHV on or within any public park,
public sidewalk, public pedestrian walkway, public jogging path, public
park trail or any other location on publicly owned or controlled property
normally used for pedestrian traffic.
(b) The driver shall move the UTV or ROHV to the right of the public
street and yield the right-of-way to faster-moving vehicles.
(c) The driver shall not overtake and pass in the same lane occupied
by the vehicle being overtaken.
(d) No driver shall operate a UTV or ROHV between lanes of traffic or
between adjacent lines or rows of vehicles.
(e) No driver shall operate a UTV or ROHV if the number of occupants
in the vehicle, including the driver, exceeds the number of seats
and approved seat belts established by the manufacturer.
(f) The driver and all passengers in a UTV or ROHV must be
wearing a seat belt while the vehicle is in motion.
(g) A UTV or ROHV may not be used for the purpose of towing another person
on roller skates, skateboard or bicycle.
(Ordinance O-2021-0914-E adopted 9/17/21)
(a) Nothing in this article shall be construed as an assumption of liability
by the city for any injuries (including death) to persons, pets or
property which may result from the operation of a UTV or ROHV by an
authorized driver.
(b) An owner is liable for the intentional or negligent actions of any
person to whom the owner grants permission to operate the owner’s
UTV or ROHV whether such operation occurs on private property and/or
any authorized public street or public parking area, and includes,
but is not limited to liability for personal injuries (including death)
or property damage resulting from the acts of a person under the age
of twenty-one (21) who operates the owner’s UTV or ROHV whether
or not possessing a current and valid driver’s license.
(Ordinance O-2021-0914-E adopted 9/17/21)
(a) No person shall operate, cause to be operated or allow the operation
of a UTV or ROHV on any authorized public street or public parking
area unless a valid permit has been issued for the vehicle pursuant
to this section. It shall be a defense to a violation of this section
that operation is otherwise allowed by federal or state law or other
city ordinance exempting such operation from the regulations of this
article.
(b) Application for a permit authorizing the operation of a UTV or ROHV
shall be made by a person who owns, leases or otherwise uses the vehicle
for which the permit is sought. Such application shall be made in
writing to the city’s police department on a form designated
for that purpose. An application for a permit required by this section
shall contain at least the following:
(1) The name, address, telephone number and state driver’s license
number of the owner of the UTV or ROHV for which the permit is requested;
(2) The street address where the UTV or ROHV is kept, including the particular
suite or apartment number, if applicable;
(3) The name of the residents residing at and/or business name used for
the premises where the UTV or ROHV is kept, if applicable;
(4) The year, make, model, color, vehicle identification number and/or
serial number of the UTV or ROHV;
(5) A copy of an insurance declaration showing liability insurance has been obtained with respect to the UTV or ROHV as required by section
12.06.007; and
(6) An affidavit whereby the applicant under oath swears and affirms that the UTV or ROHV for which the permit is sought is fully equipped as required by section
12.06.002.
(c) The permit shall be permanently affixed on the left side of the golf
cart in such a manner that it is clearly visible from fifty feet (50').
The permit must not be damaged, altered, obstructed or otherwise made
illegible. The permit holder shall apply for a replacement permit
and pay all applicable cost associated with the issuance and inspection
of the UTV or ROHV.
(d) The permit shall only be placed upon the UTV or ROHV for which it
was issued.
(e) A permit issued to the owner of a UTV or ROHV shall become invalid
if the vehicle is altered in a manner that fails to comply with any
requirement of this article.
(f) Permits are valid for a period of (2) two years from the date issued.
(g) No permit shall be issued pursuant to this section until the applicant
has paid the permit fee established by resolution of the city council
and made a part of the city’s fee schedule. No fee shall be
required to obtain a permit pursuant this section until the city council
has adopted a resolution adopting such fee.
(h) Not later than ten (10) days after:
(1) An owner transfers title to the UTV or ROHV to another owner; or
(2) The address of the normal storage location for the UTV or ROHV has
changed.
The permit holder shall notify the city in writing of the changes
in ownership or storage location submitted on a form designated by
the city’s police department.
(i) Lost or stolen permits are the responsibility of the owner. A police
report must be filed in the event of a lost or stolen permit. If no
record can be found of a previous application for a permit, or the
receipt of a permit, the chief of police may direct the applicant
to reapply, and also resubmit any and all fees necessary before a
replacement permit is issued.
(j) Any person who operates a UTV or ROHV and fails to receive and properly
display a permit required by and issued in accordance with this section
will be subject to all applicable state laws, in addition to being
in violation of this article.
(k) A permit may be revoked at any time by the chief of police, or his
designee, if there is any evidence that the permit holder:
(1) Cannot safely operate, a permitted UTV or ROHV, on any authorized
public street or public parking area in compliance with this article;
(2) Has failed to operate a permitted UTV or ROHV, on any authorized
public street or parking area in compliance with this article; or
(3) Has authorized a person who has failed to operate a permitted UTV
or ROHV, on any authorized public street or parking area in compliance
with this article.
(l) A person commits an offense when making a false statement in the
application for a permit under this section, including, but not limited
to, any factual statement regarding the condition of the UTV or ROHV
for which a permit is sought and the manner in which such vehicle
is equipped.
(Ordinance O-2021-0914-E adopted 9/17/21)
(a) A driver shall:
(1) Have in the driver’s possession while operating a UTV or ROHV
on a public street, the driver’s license issued to the driver
pursuant to chapter 521 of the Texas Transportation Code; and
(2) Display the license on the demand of a magistrate, court officer,
or peace officer.
(b) A peace officer may stop and detain a person while operating a UTV
or ROHV on a public street to determine if the person has a driver’s
license as required by this section.
(c) A person who violates this section commits an offense.
(d) It is a defense to prosecution under this section if the person charged
produces in court a valid driver’s license:
(1) Issued to that person; and
(2) Valid at the time of the offense.
(e) The court may assess a defendant an administrative fee not to exceed $10.00 if a charge under this section is dismissed because of the defense listed under subsection
(d) of this section.
(Ordinance O-2021-0914-E adopted 9/17/21)
(a) As a condition of operating a UTV or ROHV to which this article applies, the driver of the UTV or ROHV on request shall provide to a peace officer, as defined by article 2.12, Code of Criminal Procedure, or a person involved in an accident with the operator evidence of financial responsibility by exhibiting proof that the driver has obtained the insurance required by section
12.06.002(b)(3) of this code.
(b) Except as provided by subsection
(c), an operator who does not exhibit evidence of financial responsibility under subsection
(a) is presumed to have operated the vehicle in violation of this section
12.06.007.
(c) It is a defense to prosecution under this section if the person charged
produces in court proof of the required insurance:
(1) Issued to that person; and
(2) Was in effect at the time of the offense.
(d) The court may assess a defendant an administrative fee not to exceed $10.00 if a charge under this section is dismissed because of the defense listed under subsection
(c) of this section.
(Ordinance O-2021-0914-E adopted 9/17/21)
Public safety personnel may operate a UTV or ROHV on any public
street or public parking area without restriction when the vehicle
is used in the performance of the person’s official public safety
personnel duties.
(Ordinance O-2021-0914-E adopted 9/17/21)
This article shall not apply to a UTV or ROHV that is operated
on an approved parade route and participating in a parade conducted
within the city pursuant to which a permit has been issued.
(Ordinance O-2021-0914-E adopted 9/17/21)
(a) Except as provided in subsection
(b), this article shall not apply to the operation of package delivery vehicles on public streets.
(b) A motor carrier may operate a package delivery vehicle for the purpose
of picking up or delivering mail, parcels, or packages on all or part
of a public highway or public street that:
(1) Is in the corporate boundaries of the city; and
(2) Has a speed limit of not more than 35 miles per hour.
(Ordinance O-2021-0914-E adopted 9/17/21)
The city shall have the power to administer and enforce the
provisions of this article as may be required by governing law. Any
person violating any provision of this article and issued a citation
shall face a fine not to exceed $500.00 in the event the operator
is found guilty.
(Ordinance O-2021-0914-E adopted 9/17/21)